Arson: penalties in each state
Deliberately setting fire to a building or other property. Setting fire to a building where people are present is usually the most serious degree.
What to look for: The degrees often turn on whether anyone was inside.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
9 states covered so far
Arizona
1 to 3.75 years (a structure) up to 3 to 12.5 years (an occupied structure)
Show the degrees and the statutes
Arson of a structure (Class 4 felony)
- Least
- 1 year
- Most
- 3.75 years
- Fine
- Fine of up to $150,000
A first offence: usual term 2.5 years, between 1.5 and 3 years; 1 year if mitigated and 3.75 years if aggravated (§ 13-702). Arson of property (not a structure) is a lesser felony or a misdemeanor, depending on the value (§ 13-1703).
Arson of an occupied structure (Class 2 felony)
- Least
- 3 years
- Most
- 12.5 years
- Fine
- Fine of up to $150,000
A first offence: usual term 5 years, between 4 and 10 years; 3 years if the court finds mitigating factors and 12.5 years if it finds aggravating factors (§ 13-702).
California
16 months to 3 years (property) up to 5 to 9 years (causing great bodily injury)
Show the degrees and the statutes
Arson of property (Felony)
- Least
- 16 months
- Most
- 3 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 16 months, 2 years or 3 years. The court chooses among them.
Arson of a structure or forest land (Felony)
- Least
- 2 years
- Most
- 6 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.
Arson that causes an inhabited structure or property to burn (Felony)
- Least
- 3 years
- Most
- 8 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 5 or 8. The court chooses among them.
Arson that causes great bodily injury (Felony)
- Least
- 5 years
- Most
- 9 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 5, 7 or 9. The court chooses among them.
Florida
Up to 15 years (second degree) up to 30 years (first degree)
Show the degrees and the statutes
Arson in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Arson in the first degree (a dwelling, or a structure the person knew or had reason to believe was occupied) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years
- Fine
- Fine of up to $10,000
Iowa
Up to 2 years (third degree) to up to 25 years (first degree)
Show the degrees and the statutes
Arson in the third degree (Aggravated misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 2 years
- Fine
- Fine of $855 to $8,540
Arson in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of $1,370 to $13,660
Arson in the first degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 25 years
Where one or more people are present in the structure. Parole is not possible until between one-half and seven-tenths of the term is served (§ 902.12).
Maryland
Up to 5 years (malicious burning) up to 30 years (first degree)
Show the degrees and the statutes
Malicious burning in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years, and a fine of up to $5,000, or both
- Fine
- Fine of up to $5,000
Arson in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 20 years, and a fine of up to $30,000, or both
- Fine
- Fine of up to $30,000
Arson in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years, and a fine of up to $50,000, or both
- Fine
- Fine of up to $50,000
New York
Up to 4 years (fourth degree) up to life (first degree)
Show the degrees and the statutes
Arson in the fourth degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Arson in the third degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Arson in the second degree (a person other than the defendant is present) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Arson in the first degree (Class A-I felony)
- Least
- A life sentence with a minimum of at least 15 years
- Most
- Life, with a minimum of up to 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Texas
180 days to 2 years (certain lower forms) up to 5 to 99 years, or life
Show the degrees and the statutes
Arson in its lower forms (State jail felony)
- Least
- 180 days in a state jail
- Most
- 2 years in a state jail
- Fine
- Fine of up to $10,000
A state jail felony under § 28.02(e) and (f). In some forms it rises to a third-degree felony if bodily injury or death results.
Arson (Felony of the second degree)
- Least
- 2 years
- Most
- 20 years
- Fine
- Fine of up to $10,000
Arson, in the circumstances listed in § 28.02(d) (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
A first-degree felony where the facts listed in § 28.02(d) are shown at trial.
Virginia
2 to 10 years (unoccupied building) up to life (an occupied dwelling)
Show the degrees and the statutes
Arson of an unoccupied building (Class 4 felony)
- Least
- 2 years
- Most
- 10 years
- Fine
- Fine of up to $100,000
Burning a public building while people are inside (Class 3 felony)
- Least
- 5 years
- Most
- 20 years
- Fine
- Fine of up to $100,000
Arson of a dwelling house or other occupied place (Felony (term set by the statute))
- Least
- 5 years
- Most
- Life
- Fine
- Fine of up to $100,000
Washington
Up to 364 days (reckless burning, second degree) up to life (first degree)
Show the degrees and the statutes
Reckless burning in the second degree (Gross misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 364 days in jail
- Fine
- Fine of up to $5,000
Reckless burning in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $10,000
Arson in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 10 years
- Fine
- Fine of up to $20,000
Arson in the first degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
Other states are being added. Spotted a mistake? Tell us.
